10.07.03.05

.05 Licensing Procedure.

A. Application for Licensure.

(1) A person desiring to refer a health care practitioner to a health care facility to render temporary health care services in this State shall file an application with the Secretary, on a written or electronic form provided by the Secretary.

(2) The application for licensure shall contain the agency's business name, address, telephone number, and responsible party.

(3) Along with the application, the applicant shall submit a copy of the agency’s policies and procedures as specified in Regulation .08 of this chapter.

B. Additional Requirements.

(1) The applicant shall:

(a) Demonstrate compliance with all applicable federal, State, and local laws and regulations; and

(b) Submit all documentation requested by the Department that is relevant to the applicant's ability to operate an agency in compliance with this chapter, including documentation of any:

(i) Past or current operation of a health-related facility or an agency;

(ii) Prior denial, suspension, or revocation of a license of certification to provide care to third parties; and

(iii) Felony conviction of the applicant or anyone with direct or indirect ownership interest in the agency.

(2) The Secretary may require an applicant to submit information to demonstrate the applicant's financial ability to operate an agency in compliance with this chapter.

C. Duration of License. An agency's annual license shall expire on the annual anniversary of the date the license was originally issued unless the license is renewed for a 1-year term.

D. License Renewal.

(1) At least 1 month before the current license expires, the Office shall send to the agency, by first-class mail to the last known address of the agency, a renewal notice that states:

(a) The date on which the current license expires;

(b) The date by which the renewal application shall be received by the Office for the renewal to be issued and mailed before the license expires; and

(c) That no renewal fee is required.

(2) Before a license expires, the agency may renew its license for an additional term by submitting a renewal application on a written or electronic form provided by the Secretary, if the agency:

(a) Otherwise is entitled to be licensed; and

(b) Provides updates, if any, to the agency's policies and procedures as specified in Regulation .09 of this chapter.

(3) Failure to Renew License. When an agency fails to renew its license, the agency shall:

(a) Immediately stop referring personnel to health care facilities; and

(b) Notify health care facilities where personnel are currently referred that the agency no longer has a valid operating license.

E. Based on information provided to the Department by the applicant and the Department's own investigation, the Secretary shall:

(1) Approve the application unconditionally;

(2) Approve the application conditionally, which may include, among other conditions, requiring the applicant to use the services of a management firm approved by the Secretary; or

(3) Deny the application.

F. Nursing Staff Agency Licensees.

(1) Effective September 15, 2014, a person holding a nursing staff agency license who is in good standing and refers only nursing personnel shall be deemed to meet the requirements for issuance of a health care staff agency license.

(2) A person holding a nursing staff agency license who wishes to expand their referrals to other health care practitioners in addition to nursing personnel shall first obtain a new health care staff agency license.

G. Rights of Applicant if License is Revoked or Denied.

(1) Denial of License. The Secretary shall inform the applicant of the reasons for refusal to issue a license.

(2) Revocation of License. The Secretary may, for cause shown, revoke or refuse to reissue any license.

(3) A person aggrieved by the action of the Secretary under this regulation may appeal the Secretary’s action by filing a request for a hearing consistent with Regulation .17 of this chapter.